BILL NUMBER: SB 946	CHAPTERED  07/28/99

	CHAPTER   206
	FILED WITH SECRETARY OF STATE   JULY 28, 1999
	APPROVED BY GOVERNOR   JULY 27, 1999
	PASSED THE ASSEMBLY   JULY 15, 1999
	PASSED THE SENATE   JUNE 1, 1999
	AMENDED IN SENATE   MAY 12, 1999
	AMENDED IN SENATE   APRIL 6, 1999

INTRODUCED BY   Senator Vasconcellos

                        FEBRUARY 25, 1999

   An act to add and repeal Section 12814.8 to the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 946, Vasconcellos.   Classroom environment:  pilot project.
   Existing law requires any driver's license issued to a person
under 18 years of age to be issued pursuant to a specified
provisional licensing program.
   This bill would require the Department of Motor Vehicles to
conduct a pilot project to compare the effectiveness of driver
education programs conducted in a nonclassroom environment with those
conducted in a classroom-based environment for persons under the age
of 18 years, as specified.  The bill, among other things, would
specify that persons participating in this pilot project who meet the
course requirements for a certificate of completion shall be deemed
to have complied with the driver's education requirements for a
provisional driver's license.
   The bill would require the department to complete a study
concerning the pilot project and to report to the Legislature not
later than May 31, 2003, except as specified.
   The bill would repeal these provisions on January 1, 2004, unless
a later enacted statute that is enacted on or before January 1, 2004,
deletes or extends that date.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12814.8 is added to the Vehicle Code, to read:

   12814.8.  (a) The department shall conduct a pilot study of
persons under 18 years of age to compare the effectiveness of driver
education programs conducted in a nonclassroom environment with
classroom-based programs.
   (b) For the purpose of this section, the following definitions
apply:
   (1) "Driver education" is automobile driver education, as
described in subdivision (j) of Section 51220 of, and Section 51220.1
of, the Education Code.
   (2) "Exit examination" is a test designed by the department and
administered to each participant in the study to evaluate traffic
safety knowledge and driver attitude.
   (3) "Private school" is any entity that has complied with Section
33190 of the Education Code.
   (c) The department shall select a number of providers to
participate in the study to ensure that each of the following
categories of programs are adequately represented:
   (1) A driver education program delivered in a classroom
environment under the direct supervision of an instructor as required
in Chapter 1 (commencing with Section 11100) of Division 5.
   (2) A driver education program that uses printed materials or
computer-based delivery methods, or both, that meets all of the
following requirements:
   (A) The program has operated using a nonclassroom format for not
less than four years.
   (B) The program has provided a minimum of 2,000 hours of driver
education, as described in subdivision (j) of Section 51220 of the
Education Code, and the principal of the school holds a driving
school operator's license issued by the department.
   (C) Is a California private secondary school.
   (3) A driver education program licensed under Chapter 1
(commencing with Section 11100) of Division 5 selected by the
department to present a nonclassroom course utilizing printed
materials based upon a model curriculum approved by the department.
   (4) A driver education program licensed under Chapter 1
(commencing with Section 11100) of Division 5 selected by the
department to present a nonclassroom course utilizing an interactive,
computer-based program that follows a model curriculum approved by
the department.
   (d) The department shall require the selected providers to do all
of the following:
   (1) Submit to the department a statement that the school, if
applicable, is in compliance with Section 33191 of the Education
Code.
   (2) Maintain on file a release statement signed by the parent or
guardian of each student in the study permitting the release of
information deemed by the department to be relevant to the completion
of the study.  The form and contents of the release statement shall
be determined by the department.
   (3) Provide, at no cost to the department, on a schedule to be
determined by the department, information pertaining to the provider'
s students, including, but not limited to, the student's true full
name, the student's birth date, the certificate number, and the date
the certificate was issued.  All information provided to the
department that identifies a specific individual participating in the
pilot project shall be kept confidential.  All data collected
pursuant to this section shall be used only for the purposes of the
pilot project.
   (4) Maintain all records and proof of compliance under the terms
of this section as follows:
   (A) Records shall be available for inspection during regular
business hours at the principal place of business of the provider by
an authorized representative of the department.
   (B) Individual records for pilot project participants shall not be
requested prior to the 10th working day following completion of the
course, and inspections may not take place on Saturdays, Sundays, and
legal holidays.
   (C) Providers need not retain records for purposes of inspection
under this pilot project after January 1, 2004.
   (e) The department shall include not less than 8,000 students in
the pilot project, with approximately 2,000 participants in each of
the groups described in subdivision (c).
   (f) The department shall employ a consultant group with
established expertise in designing and evaluating driver education
curricula for the purpose of developing the curriculum and program
standards to be used in this pilot project.
   (g) The department shall develop, to the greatest extent possible,
a system which randomly assigns students to the programs to be
studied during the pilot period.
   (h) In order to facilitate the progress of this project, the
department shall release all necessary certificates, forms, and
booklets to the providers in a timely manner.
   (i) The department shall compare the results of exit examination,
and the pass and fail rates for written tests and driving tests, of
study participants.
   (j) Persons participating in this pilot project who meet the
course requirements for a certificate of completion shall be deemed
to have complied with the automobile driver education requirements
for a provisional driver's license pursuant to Section 12814.6.
   (k) The department shall collect the data to be used in this pilot
project during the period beginning on January 1, 2001, and ending
on December 31, 2002.
   (l) Notwithstanding Section 7550.5 of the Government Code, and
subject to subdivision (m), the department shall submit a report of
the results of the pilot project to the Legislature not later than
May 31, 2003.
   (m) The execution and transmission of the final report specified
in subdivision (l) is contingent on the department's ability to
obtain sufficient numbers of program providers and student applicants
as required under this section.  If the number of participants
specified in subdivision (e) is not obtained, the department shall
recommend the termination of the pilot project by notifying the
Legislature of this fact in writing not later than January 1, 2002.
   (n) Nothing in this section shall be construed to impede the
ability of any provider selected for this pilot project to continue
to provide services to persons who are not participants in the pilot
project.
   (o) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2004, deletes or
extends that date.
